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VERSUS
WITH
J U D G M E N T
ABHAY S. OKA, J.
FACTS
1. These two Appeals have been preferred by the accused nos.2 and
have been convicted for the offence punishable under Section 364A
read with Section 34 of the Indian Penal Code, 1860 (for short,
imprisonment.
respectively the father and the mother of PW-2 (the child who is
Digitally signed by
relevant time was eight years.
ASHISH KONDLE
Date: 2024.02.27 The child/PW-2 was taking education
17:02:21 IST
Reason:
3. On 20th October, 2010, the child-PW-2 did not return from the
after the tuition class was over, while the child-PW-2 was walking
back towards his home, a Maruti Car came there. Two persons
of a male person who informed her that he has kidnapped the child.
He demanded ransom of Rs.5 lakhs for releasing the child. The PW-1
lodged a complaint on the same date in the night with the Police.
PW-14 (who was running a shop in the locality) informed the PW-1
and PW-3 that he saw the child being taken in a Maruti Swift grey
gate, Vellore District on 21st October, 2010. Around 12:00 noon, the
car in question came towards the toll gate which was intercepted.
In the car, the appellants-accused along with the child were found.
call records are concerned, we find that the entire evidence of the
SUBMISSIONS
senior counsel contended that the victim child was tutored by his
the mind of the PW-1 and PW-3 that the accused, who had kidnapped
their son, may put their son to death or cause hurt to him. He
and PW-3, the ingredients of Section 364A of IPC have been proved
by the prosecution.
male child under sixteen years of age, out of the keeping of the
is the victim of the offence. At the relevant time, the age of the
Court.
suggestion was given to him that the men who had taken him in the
car are the ones who were acquaintance with him and his father.
and the accused. There was no reason for the father of the victim
against them. Therefore, the case sought to be made out that the
child was tutored by his father was not rightly accepted by the
15. The learned senior counsel appearing for the appellants were
who received the phone call demanding ransom. However, this issue
need not detain us. The details of the phone call records were
could not trace the name of the person who was holding the cell
demanding ransom from the said number. The record relating to the
call details has been discarded by the High Court as there was no
records could have been the best possible evidence for the
accused and the demand of ransom. Even taking the evidence of PW-1
phone call from someone for demanding ransom and the person
the prosecution is not able to connect the alleged demand and the
made out that there was a reasonable apprehension that the person
However, in this case, the demand and threat by the accused have
period of more than eight years. The maximum sentence for the
with fine. The appellants have undergone more than the maximum
sentence prescribed.
17. Before we part with the judgment, we must note here that the
imparted to him. The State Government must ensure that the Police
18. Therefore, the Appeals are partly allowed and the conviction
Section 364A of IPC is hereby quashed and set aside and it is held
liberty.
..........................J.
(ABHAY S.OKA)
..........................J.
(UJJAL BHUYAN)
NEW DELHI;
FEBRUARY 21, 2024.